Rep. William Davis

Adopted in House on Nov 13, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 177

2    AMENDMENT NO. ______. Amend Senate Bill 177 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1

 
5    Section 1-5. The Illinois Administrative Procedure Act is
6amended by changing Section 5-45 as follows:
 
7    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
8    Sec. 5-45. Emergency rulemaking.
9    (a) "Emergency" means the existence of any situation that
10any agency finds reasonably constitutes a threat to the public
11interest, safety, or welfare.
12    (b) If any agency finds that an emergency exists that
13requires adoption of a rule upon fewer days than is required by
14Section 5-40 and states in writing its reasons for that
15finding, the agency may adopt an emergency rule without prior

 

 

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1notice or hearing upon filing a notice of emergency rulemaking
2with the Secretary of State under Section 5-70. The notice
3shall include the text of the emergency rule and shall be
4published in the Illinois Register. Consent orders or other
5court orders adopting settlements negotiated by an agency may
6be adopted under this Section. Subject to applicable
7constitutional or statutory provisions, an emergency rule
8becomes effective immediately upon filing under Section 5-65 or
9at a stated date less than 10 days thereafter. The agency's
10finding and a statement of the specific reasons for the finding
11shall be filed with the rule. The agency shall take reasonable
12and appropriate measures to make emergency rules known to the
13persons who may be affected by them.
14    (c) An emergency rule may be effective for a period of not
15longer than 150 days, but the agency's authority to adopt an
16identical rule under Section 5-40 is not precluded. No
17emergency rule may be adopted more than once in any 24-month
18period, except that this limitation on the number of emergency
19rules that may be adopted in a 24-month period does not apply
20to (i) emergency rules that make additions to and deletions
21from the Drug Manual under Section 5-5.16 of the Illinois
22Public Aid Code or the generic drug formulary under Section
233.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
24emergency rules adopted by the Pollution Control Board before
25July 1, 1997 to implement portions of the Livestock Management
26Facilities Act, (iii) emergency rules adopted by the Illinois

 

 

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1Department of Public Health under subsections (a) through (i)
2of Section 2 of the Department of Public Health Act when
3necessary to protect the public's health, (iv) emergency rules
4adopted pursuant to subsection (n) of this Section, (v)
5emergency rules adopted pursuant to subsection (o) of this
6Section, or (vi) emergency rules adopted pursuant to subsection
7(c-5) of this Section. Two or more emergency rules having
8substantially the same purpose and effect shall be deemed to be
9a single rule for purposes of this Section.
10    (c-5) To facilitate the maintenance of the program of group
11health benefits provided to annuitants, survivors, and retired
12employees under the State Employees Group Insurance Act of
131971, rules to alter the contributions to be paid by the State,
14annuitants, survivors, retired employees, or any combination
15of those entities, for that program of group health benefits,
16shall be adopted as emergency rules. The adoption of those
17rules shall be considered an emergency and necessary for the
18public interest, safety, and welfare.
19    (d) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 1999 budget,
21emergency rules to implement any provision of Public Act 90-587
22or 90-588 or any other budget initiative for fiscal year 1999
23may be adopted in accordance with this Section by the agency
24charged with administering that provision or initiative,
25except that the 24-month limitation on the adoption of
26emergency rules and the provisions of Sections 5-115 and 5-125

 

 

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1do not apply to rules adopted under this subsection (d). The
2adoption of emergency rules authorized by this subsection (d)
3shall be deemed to be necessary for the public interest,
4safety, and welfare.
5    (e) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2000 budget,
7emergency rules to implement any provision of Public Act 91-24
8or any other budget initiative for fiscal year 2000 may be
9adopted in accordance with this Section by the agency charged
10with administering that provision or initiative, except that
11the 24-month limitation on the adoption of emergency rules and
12the provisions of Sections 5-115 and 5-125 do not apply to
13rules adopted under this subsection (e). The adoption of
14emergency rules authorized by this subsection (e) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (f) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 2001 budget,
19emergency rules to implement any provision of Public Act 91-712
20or any other budget initiative for fiscal year 2001 may be
21adopted in accordance with this Section by the agency charged
22with administering that provision or initiative, except that
23the 24-month limitation on the adoption of emergency rules and
24the provisions of Sections 5-115 and 5-125 do not apply to
25rules adopted under this subsection (f). The adoption of
26emergency rules authorized by this subsection (f) shall be

 

 

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1deemed to be necessary for the public interest, safety, and
2welfare.
3    (g) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2002 budget,
5emergency rules to implement any provision of Public Act 92-10
6or any other budget initiative for fiscal year 2002 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (g). The adoption of
12emergency rules authorized by this subsection (g) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (h) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2003 budget,
17emergency rules to implement any provision of Public Act 92-597
18or any other budget initiative for fiscal year 2003 may be
19adopted in accordance with this Section by the agency charged
20with administering that provision or initiative, except that
21the 24-month limitation on the adoption of emergency rules and
22the provisions of Sections 5-115 and 5-125 do not apply to
23rules adopted under this subsection (h). The adoption of
24emergency rules authorized by this subsection (h) shall be
25deemed to be necessary for the public interest, safety, and
26welfare.

 

 

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1    (i) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2004 budget,
3emergency rules to implement any provision of Public Act 93-20
4or any other budget initiative for fiscal year 2004 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (i). The adoption of
10emergency rules authorized by this subsection (i) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (j) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152005 budget as provided under the Fiscal Year 2005 Budget
16Implementation (Human Services) Act, emergency rules to
17implement any provision of the Fiscal Year 2005 Budget
18Implementation (Human Services) Act may be adopted in
19accordance with this Section by the agency charged with
20administering that provision, except that the 24-month
21limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (j). The Department of Public Aid
24may also adopt rules under this subsection (j) necessary to
25administer the Illinois Public Aid Code and the Children's
26Health Insurance Program Act. The adoption of emergency rules

 

 

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1authorized by this subsection (j) shall be deemed to be
2necessary for the public interest, safety, and welfare.
3    (k) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52006 budget, emergency rules to implement any provision of
6Public Act 94-48 or any other budget initiative for fiscal year
72006 may be adopted in accordance with this Section by the
8agency charged with administering that provision or
9initiative, except that the 24-month limitation on the adoption
10of emergency rules and the provisions of Sections 5-115 and
115-125 do not apply to rules adopted under this subsection (k).
12The Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

 

 

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 or any other budget initiative authorized by
26the 96th General Assembly for fiscal year 2010 may be adopted

 

 

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1in accordance with this Section by the agency charged with
2administering that provision or initiative. The adoption of
3emergency rules authorized by this subsection (n) shall be
4deemed to be necessary for the public interest, safety, and
5welfare. The rulemaking authority granted in this subsection
6(n) shall apply only to rules promulgated during Fiscal Year
72010.
8    (o) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102011 budget, emergency rules to implement any provision of
11Public Act 96-958 or any other budget initiative authorized by
12the 96th General Assembly for fiscal year 2011 may be adopted
13in accordance with this Section by the agency charged with
14administering that provision or initiative. The adoption of
15emergency rules authorized by this subsection (o) is deemed to
16be necessary for the public interest, safety, and welfare. The
17rulemaking authority granted in this subsection (o) applies
18only to rules promulgated on or after July 1, 2010 (the
19effective date of Public Act 96-958) through June 30, 2011.
20    (p) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 97-689,
22emergency rules to implement any provision of Public Act 97-689
23may be adopted in accordance with this subsection (p) by the
24agency charged with administering that provision or
25initiative. The 150-day limitation of the effective period of
26emergency rules does not apply to rules adopted under this

 

 

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1subsection (p), and the effective period may continue through
2June 30, 2013. The 24-month limitation on the adoption of
3emergency rules does not apply to rules adopted under this
4subsection (p). The adoption of emergency rules authorized by
5this subsection (p) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (q) In order to provide for the expeditious and timely
8implementation of the provisions of Articles 7, 8, 9, 11, and
912 of Public Act 98-104, emergency rules to implement any
10provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
11may be adopted in accordance with this subsection (q) by the
12agency charged with administering that provision or
13initiative. The 24-month limitation on the adoption of
14emergency rules does not apply to rules adopted under this
15subsection (q). The adoption of emergency rules authorized by
16this subsection (q) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (r) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 98-651,
20emergency rules to implement Public Act 98-651 may be adopted
21in accordance with this subsection (r) by the Department of
22Healthcare and Family Services. The 24-month limitation on the
23adoption of emergency rules does not apply to rules adopted
24under this subsection (r). The adoption of emergency rules
25authorized by this subsection (r) is deemed to be necessary for
26the public interest, safety, and welfare.

 

 

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1    (s) In order to provide for the expeditious and timely
2implementation of the provisions of Sections 5-5b.1 and 5A-2 of
3the Illinois Public Aid Code, emergency rules to implement any
4provision of Section 5-5b.1 or Section 5A-2 of the Illinois
5Public Aid Code may be adopted in accordance with this
6subsection (s) by the Department of Healthcare and Family
7Services. The rulemaking authority granted in this subsection
8(s) shall apply only to those rules adopted prior to July 1,
92015. Notwithstanding any other provision of this Section, any
10emergency rule adopted under this subsection (s) shall only
11apply to payments made for State fiscal year 2015. The adoption
12of emergency rules authorized by this subsection (s) is deemed
13to be necessary for the public interest, safety, and welfare.
14    (t) In order to provide for the expeditious and timely
15implementation of the provisions of Article II of Public Act
1699-6, emergency rules to implement the changes made by Article
17II of Public Act 99-6 to the Emergency Telephone System Act may
18be adopted in accordance with this subsection (t) by the
19Department of State Police. The rulemaking authority granted in
20this subsection (t) shall apply only to those rules adopted
21prior to July 1, 2016. The 24-month limitation on the adoption
22of emergency rules does not apply to rules adopted under this
23subsection (t). The adoption of emergency rules authorized by
24this subsection (t) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (u) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the Burn Victims Relief
2Act, emergency rules to implement any provision of the Act may
3be adopted in accordance with this subsection (u) by the
4Department of Insurance. The rulemaking authority granted in
5this subsection (u) shall apply only to those rules adopted
6prior to December 31, 2015. The adoption of emergency rules
7authorized by this subsection (u) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (v) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-516,
11emergency rules to implement Public Act 99-516 may be adopted
12in accordance with this subsection (v) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (v). The adoption of emergency rules
16authorized by this subsection (v) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (w) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 99-796,
20emergency rules to implement the changes made by Public Act
2199-796 may be adopted in accordance with this subsection (w) by
22the Adjutant General. The adoption of emergency rules
23authorized by this subsection (w) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (x) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-906,

 

 

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1emergency rules to implement subsection (i) of Section 16-115D,
2subsection (g) of Section 16-128A, and subsection (a) of
3Section 16-128B of the Public Utilities Act may be adopted in
4accordance with this subsection (x) by the Illinois Commerce
5Commission. The rulemaking authority granted in this
6subsection (x) shall apply only to those rules adopted within
7180 days after June 1, 2017 (the effective date of Public Act
899-906). The adoption of emergency rules authorized by this
9subsection (x) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (y) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 100-23,
13emergency rules to implement the changes made by Public Act
14100-23 to Section 4.02 of the Illinois Act on the Aging,
15Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
16Section 55-30 of the Alcoholism and Other Drug Abuse and
17Dependency Act, and Sections 74 and 75 of the Mental Health and
18Developmental Disabilities Administrative Act may be adopted
19in accordance with this subsection (y) by the respective
20Department. The adoption of emergency rules authorized by this
21subsection (y) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (z) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 100-554,
25emergency rules to implement the changes made by Public Act
26100-554 to Section 4.7 of the Lobbyist Registration Act may be

 

 

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1adopted in accordance with this subsection (z) by the Secretary
2of State. The adoption of emergency rules authorized by this
3subsection (z) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (aa) In order to provide for the expeditious and timely
6initial implementation of the changes made to Articles 5, 5A,
712, and 14 of the Illinois Public Aid Code under the provisions
8of Public Act 100-581, the Department of Healthcare and Family
9Services may adopt emergency rules in accordance with this
10subsection (aa). The 24-month limitation on the adoption of
11emergency rules does not apply to rules to initially implement
12the changes made to Articles 5, 5A, 12, and 14 of the Illinois
13Public Aid Code adopted under this subsection (aa). The
14adoption of emergency rules authorized by this subsection (aa)
15is deemed to be necessary for the public interest, safety, and
16welfare.
17    (bb) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-587,
19emergency rules to implement the changes made by Public Act
20100-587 to Section 4.02 of the Illinois Act on the Aging,
21Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
22subsection (b) of Section 55-30 of the Alcoholism and Other
23Drug Abuse and Dependency Act, Section 5-104 of the Specialized
24Mental Health Rehabilitation Act of 2013, and Section 75 and
25subsection (b) of Section 74 of the Mental Health and
26Developmental Disabilities Administrative Act may be adopted

 

 

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1in accordance with this subsection (bb) by the respective
2Department. The adoption of emergency rules authorized by this
3subsection (bb) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (cc) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 100-587,
7emergency rules may be adopted in accordance with this
8subsection (cc) to implement the changes made by Public Act
9100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
10Pension Code by the Board created under Article 14 of the Code;
11Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
12the Board created under Article 15 of the Code; and Sections
1316-190.5 and 16-190.6 of the Illinois Pension Code by the Board
14created under Article 16 of the Code. The adoption of emergency
15rules authorized by this subsection (cc) is deemed to be
16necessary for the public interest, safety, and welfare.
17    (dd) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-864,
19emergency rules to implement the changes made by Public Act
20100-864 to Section 3.35 of the Newborn Metabolic Screening Act
21may be adopted in accordance with this subsection (dd) by the
22Secretary of State. The adoption of emergency rules authorized
23by this subsection (dd) is deemed to be necessary for the
24public interest, safety, and welfare.
25    (ee) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 100-1172,

 

 

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1emergency rules implementing the Illinois Underground Natural
2Gas Storage Safety Act may be adopted in accordance with this
3subsection by the Department of Natural Resources. The adoption
4of emergency rules authorized by this subsection is deemed to
5be necessary for the public interest, safety, and welfare.
6    (ff) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5A and
814 of the Illinois Public Aid Code under the provisions of
9Public Act 100-1181, the Department of Healthcare and Family
10Services may on a one-time-only basis adopt emergency rules in
11accordance with this subsection (ff). The 24-month limitation
12on the adoption of emergency rules does not apply to rules to
13initially implement the changes made to Articles 5A and 14 of
14the Illinois Public Aid Code adopted under this subsection
15(ff). The adoption of emergency rules authorized by this
16subsection (ff) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (gg) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-1, emergency
20rules may be adopted by the Department of Labor in accordance
21with this subsection (gg) to implement the changes made by
22Public Act 101-1 to the Minimum Wage Law. The adoption of
23emergency rules authorized by this subsection (gg) is deemed to
24be necessary for the public interest, safety, and welfare.
25    (hh) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 101-10 this

 

 

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1amendatory Act of the 101st General Assembly, emergency rules
2may be adopted in accordance with this subsection (hh) to
3implement the changes made by Public Act 101-10 this amendatory
4Act of the 101st General Assembly to subsection (j) of Section
55-5.2 of the Illinois Public Aid Code. The adoption of
6emergency rules authorized by this subsection (hh) is deemed to
7be necessary for the public interest, safety, and welfare.
8    (ii) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 101-10 this
10amendatory Act of the 101st General Assembly, emergency rules
11to implement the changes made by Public Act 101-10 this
12amendatory Act of the 101st General Assembly to Sections 5-5.4
13and 5-5.4i of the Illinois Public Aid Code may be adopted in
14accordance with this subsection (ii) by the Department of
15Public Health. The adoption of emergency rules authorized by
16this subsection (ii) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (jj) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-10 this
20amendatory Act of the 101st General Assembly, emergency rules
21to implement the changes made by Public Act 101-10 this
22amendatory Act of the 101st General Assembly to Section 74 of
23the Mental Health and Developmental Disabilities
24Administrative Act may be adopted in accordance with this
25subsection (jj) by the Department of Human Services. The
26adoption of emergency rules authorized by this subsection (jj)

 

 

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1is deemed to be necessary for the public interest, safety, and
2welfare.
3    (kk) (gg) In order to provide for the expeditious and
4timely implementation of the Cannabis Regulation and Tax Act
5and Public Act 101-27 this amendatory Act of the 101st General
6Assembly, the Department of Revenue, the Department of Public
7Health, the Department of Agriculture, the Department of State
8Police, and the Department of Financial and Professional
9Regulation may adopt emergency rules in accordance with this
10subsection (kk) (gg). The rulemaking authority granted in this
11subsection (kk) (gg) shall apply only to rules adopted before
12December 31, 2021. Notwithstanding the provisions of
13subsection (c), emergency rules adopted under this subsection
14(kk) (gg) shall be effective for 180 days. The adoption of
15emergency rules authorized by this subsection (kk) (gg) is
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (ll) (hh) In order to provide for the expeditious and
19timely implementation of the provisions of the Leveling the
20Playing Field for Illinois Retail Act, emergency rules may be
21adopted in accordance with this subsection (ll) (hh) to
22implement the changes made by the Leveling the Playing Field
23for Illinois Retail Act. The adoption of emergency rules
24authorized by this subsection (ll) (hh) is deemed to be
25necessary for the public interest, safety, and welfare.
26    (mm) (ii) In order to provide for the expeditious and

 

 

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1timely implementation of the provisions of Section 25-70 of the
2Sports Wagering Act, emergency rules to implement Section 25-70
3of the Sports Wagering Act may be adopted in accordance with
4this subsection (mm) (ii) by the Department of the Lottery as
5provided in the Sports Wagering Act. The adoption of emergency
6rules authorized by this subsection (mm) (ii) is deemed to be
7necessary for the public interest, safety, and welfare.
8    (nn) (jj) In order to provide for the expeditious and
9timely implementation of the Sports Wagering Act, emergency
10rules to implement the Sports Wagering Act may be adopted in
11accordance with this subsection (nn) (jj) by the Illinois
12Gaming Board. The adoption of emergency rules authorized by
13this subsection (nn) (jj) is deemed to be necessary for the
14public interest, safety, and welfare.
15    (oo) (kk) In order to provide for the expeditious and
16timely implementation of the provisions of subsection (c) of
17Section 20 of the Video Gaming Act, emergency rules to
18implement the provisions of subsection (c) of Section 20 of the
19Video Gaming Act may be adopted in accordance with this
20subsection (oo) (kk) by the Illinois Gaming Board. The adoption
21of emergency rules authorized by this subsection (oo) (kk) is
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (pp) (gg) In order to provide for the expeditious and
25timely implementation of the provisions of Section 50 of the
26Sexual Assault Evidence Submission Act, emergency rules to

 

 

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1implement Section 50 of the Sexual Assault Evidence Submission
2Act may be adopted in accordance with this subsection (pp) (gg)
3by the Department of State Police. The adoption of emergency
4rules authorized by this subsection (pp) (gg) is deemed to be
5necessary for the public interest, safety, and welfare.
6    (qq) In order to provide for the expeditious and timely
7implementation of the provisions of the Illinois Works Jobs
8Program Act, emergency rules may be adopted in accordance with
9this subsection (qq) to implement the Illinois Works Jobs
10Program Act. The adoption of emergency rules authorized by this
11subsection (qq) is deemed to be necessary for the public
12interest, safety, and welfare.
13(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
14100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
156-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
16100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
173-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
18eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
19101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
206-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
21101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
228-16-19; revised 9-27-19.)
 
23    Section 1-15. The Illinois Works Jobs Program Act is
24amended by changing Sections 20-10, 20-15, 20-20, and 20-25 as
25follows:
 

 

 

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1    (30 ILCS 559/20-10)
2    Sec. 20-10. Definitions.
3    "Apprentice" means a participant in an apprenticeship
4program approved by and registered with the United States
5Department of Labor's Bureau of Apprenticeship and Training.
6    "Apprenticeship program" means an apprenticeship and
7training program approved by and registered with the United
8States Department of Labor's Bureau of Apprenticeship and
9Training.
10    "Bid credit" means a virtual dollar for a contractor or
11subcontractor to use toward future bids on contracts with the
12State for public works projects contracts.
13    "Community-based organization" means a nonprofit
14organization, including an accredited public college or
15university, selected by the Department to participate in the
16Illinois Works Preapprenticeship Program. To qualify as a
17"community-based organization", the organization must
18demonstrate the following:
19        (1) the ability to effectively serve diverse and
20    underrepresented populations, including by providing
21    employment services to such populations;
22        (2) knowledge of the construction and building trades;
23        (3) the ability to recruit, prescreen, and provide
24    preapprenticeship training to prepare workers for
25    employment in the construction and building trades; and

 

 

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1        (4) a plan to provide the following:
2            (A) preparatory classes;
3            (B) workplace readiness skills, such as resume
4        preparation and interviewing techniques;
5            (C) strategies for overcoming barriers to entry
6        and completion of an apprenticeship program; and
7            (D) any prerequisites for acceptance into an
8        apprenticeship program.
9    "Contractor" means a person, corporation, partnership,
10limited liability company, or joint venture entering into a
11contract with the State or any State agency to construct a
12public work.
13    "Department" means the Department of Commerce and Economic
14Opportunity.
15    "Labor hours" means the total hours for workers who are
16receiving an hourly wage and who are directly employed for the
17public works project. "Labor hours" includes hours performed by
18workers employed by the contractor and subcontractors on the
19public works project. "Labor hours" does not include hours
20worked by the forepersons, superintendents, owners, and
21workers who are not subject to prevailing wage requirements.
22    "Minorities" means minority persons as defined in the
23Business Enterprise for Minorities, Women, and Persons with
24Disabilities Act.
25    "Public works" means all projects, contracted or funded by
26the State or any agency of the State, in whole or in part, from

 

 

10100SB0177ham002- 23 -LRB101 06086 TAE 64210 a

1appropriated capital funds, that constitute public works under
2the Prevailing Wage Act.
3    "Subcontractor" means a person, corporation, partnership,
4limited liability company, or joint venture that has contracted
5with the contractor to perform all or part of the work to
6construct a public work by a contractor.
7    "Underrepresented populations" means populations
8identified by the Department that historically have had
9barriers to entry or advancement in the workforce.
10"Underrepresented populations" includes, but is not limited
11to, minorities, women, and veterans.
12(Source: P.A. 101-31, eff. 6-28-19.)
 
13    (30 ILCS 559/20-15)
14    Sec. 20-15. Illinois Works Preapprenticeship Program;
15Illinois Works Bid Credit Program.
16    (a) The Illinois Works Preapprenticeship Program is
17established and shall be administered by the Department. The
18goal of the Illinois Works Preapprenticeship Program is to
19create a network of community-based organizations throughout
20the State that will recruit, prescreen, and provide
21preapprenticeship skills training, for which participants may
22attend free of charge and receive a stipend, to create a
23qualified, diverse pipeline of workers who are prepared for
24careers in the construction and building trades. Upon
25completion of the Illinois Works Preapprenticeship Program,

 

 

10100SB0177ham002- 24 -LRB101 06086 TAE 64210 a

1the candidates will be skilled and work-ready.
2    (b) There is created the Illinois Works Fund, a special
3fund in the State treasury. The Illinois Works Fund shall be
4administered by the Department. The Illinois Works Fund shall
5be used to provide funding for community-based organizations
6throughout the State. In addition to any other transfers that
7may be provided for by law, on and after July 1, 2019 and until
8June 30, 2020, at the direction of the Director of the
9Governor's Office of Management and Budget, the State
10Comptroller shall direct and the State Treasurer shall transfer
11amounts not exceeding a total of $25,000,000 from the Rebuild
12Illinois Projects Fund to the Illinois Works Fund.
13    (c) Each community-based organization that receives
14funding from the Illinois Works Fund shall provide an annual
15report to the Illinois Works Review Panel by April 1 of each
16calendar year. The annual report shall include the following
17information:
18        (1) a description of the community-based
19    organization's recruitment, screening, and training
20    efforts;
21        (2) the number of individuals who apply to, participate
22    in, and complete the community-based organization's
23    program, broken down by race, gender, age, and veteran
24    status; and
25    (3) the number of the individuals referenced in item (2) of
26    this subsection who are initially accepted and placed into

 

 

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1    apprenticeship programs in the construction and building
2    trades.
3    (d) The Department shall create and administer the Illinois
4Works Bid Credit Program that shall provide economic
5incentives, through bid credits, to encourage contractors and
6subcontractors to provide contracting and employment
7opportunities to historically underrepresented populations in
8the construction industry.
9    The Illinois Works Bid Credit Program shall allow
10contractors and subcontractors to earn bid credits for use
11toward future bids for public works projects contracted by the
12State or an agency of the State in order to increase the
13chances that the contractor and the subcontractors will be
14selected.
15    Contractors or subcontractors may be eligible for bid
16credits for employing apprentices who have completed the
17Illinois Works Preapprenticeship Program on public works
18projects contracted by the State or any agency of the State.
19Contractors or subcontractors shall earn bid credits at a rate
20established by the Department and based on labor hours worked
21on State-contracted public works projects by apprentices who
22have completed the Illinois Works Preapprenticeship Program.
23The Department shall establish the rate by rule and shall
24publish it published on the Department's website. The rule may
25include maximum bid credits allowed per contractor, per
26subcontractor, per apprentice, per bid, or per year , including

 

 

10100SB0177ham002- 26 -LRB101 06086 TAE 64210 a

1any appropriate caps.
2    The Illinois Works Credit Bank is hereby created and shall
3be administered by the Department. The Illinois Works Credit
4Bank shall track the bid credits.
5    A contractor or subcontractor who has been awarded bid
6credits under any other State program for employing apprentices
7who have completed the Illinois Works Preapprenticeship
8Program is not eligible to receive bid credits under the
9Illinois Works Bid Credit Program relating to the same
10contract.
11    The Department shall report to the Illinois Works Review
12Panel the following: (i) the number of bid credits awarded by
13the Department; (ii) the number of bid credits submitted by the
14contractor or subcontractor to the agency administering the
15public works contract; and (iii) the number of bid credits
16accepted by the agency for such contract. Any agency that
17awards bid credits pursuant to the Illinois Works Credit Bank
18Program shall report to the Department the number of bid
19credits it accepted for the public works contract.
20    Upon a finding that a contractor or subcontractor has
21reported falsified records to the Department in order to
22fraudulently obtain bid credits, the Department may shall
23permanently bar the contractor or subcontractor from
24participating in the Illinois Works Bid Credit Program and may
25suspend the contractor or subcontractor from bidding on or
26participating in any public works project. False or fraudulent

 

 

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1claims for payment relating to false bid credits may be subject
2to damages and penalties under applicable law.
3    (e) The Department shall adopt any rules deemed necessary
4to implement this Section. In order to provide for the
5expeditious and timely implementation of this Act, the
6Department may adopt emergency rules. The adoption of emergency
7rules authorized by this subsection is deemed to be necessary
8for the public interest, safety, and welfare.
9(Source: P.A. 101-31, eff. 6-28-19.)
 
10    (30 ILCS 559/20-20)
11    Sec. 20-20. Illinois Works Apprenticeship Initiative.
12    (a) The Illinois Works Apprenticeship Initiative is
13established and shall be administered by the Department.
14        (1) Subject to the exceptions set forth in subsection
15    (b) of this Section, apprentices shall be utilized on all
16    public works projects estimated to cost $500,000 or more in
17    accordance with this subsection (a).
18        (2) For public works projects estimated to cost
19    $500,000 or more, the goal of the Illinois Works
20    Apprenticeship Initiative is that apprentices will perform
21    either 10% of the total labor hours actually worked in each
22    prevailing wage classification or 10% of the estimated
23    labor hours in each prevailing wage classification,
24    whichever is less.
25    (b) Before or during the term of a contract subject to this

 

 

10100SB0177ham002- 28 -LRB101 06086 TAE 64210 a

1Section, the Department may reduce or waive the goals set forth
2in paragraph (2) of subsection (a). Prior to the Department
3granting a request for a reduction or waiver, the Department
4shall determine, in its discretion, whether to hold a public
5hearing on the request. In determining whether to hold a public
6hearing, the Department may consider factors, including the
7scale of the project and whether the contractor or
8subcontractor seeking the reduction or waiver has previously
9requested reductions or waivers on other projects. The
10Department may also and shall consult with the Business
11Enterprise Council under the Business Enterprise for
12Minorities, Women, and Persons with Disabilities Act and the
13Chief Procurement Officer of the agency administering the
14public works contract. The Department may grant a reduction or
15waiver upon a determination that:
16        (1) the contractor or subcontractor has demonstrated
17    that insufficient apprentices are available;
18        (2) the reasonable and necessary requirements of the
19    contract do not allow the goal to be met;
20        (3) there is a disproportionately high ratio of
21    material costs to labor hours that makes meeting the goal
22    infeasible; or
23        (4) apprentice labor hour goals conflict with existing
24    requirements, including federal requirements, in
25    connection with the public work.
26    (c) Contractors and subcontractors must submit a

 

 

10100SB0177ham002- 29 -LRB101 06086 TAE 64210 a

1certification to the Department and the agency that is
2administering the contract, or the grant agreement funding the
3contract, demonstrating that the contractor or subcontractor
4has either:
5        (1) met the apprentice labor hour goals set forth in
6    paragraph (2) of subsection (a); or
7        (2) received a reduction or waiver pursuant to
8    subsection (b).
9    It shall be deemed to be a material breach of the contract,
10or the grant agreement funding the contract, and entitle the
11State to declare a default, terminate the contract or grant
12agreement funding it, and exercise those remedies provided for
13in the contract, at law, or in equity if the contractor or
14subcontractor fails to submit the certification required in
15this subsection or submits false or misleading information.
16    (d) No later than one year after the effective date of this
17Act, and by April 1 of every calendar year thereafter, the
18Department of Labor shall submit a report to the Illinois Works
19Review Panel regarding the use of apprentices under the
20Illinois Works Apprenticeship Initiative for public works
21projects. To the extent it is available, the report shall
22include the following information:
23        (1) the total number of labor hours on each project and
24    the percentage of labor hours actually worked by
25    apprentices on each public works project;
26        (2) the number of apprentices used in each public works

 

 

10100SB0177ham002- 30 -LRB101 06086 TAE 64210 a

1    project, broken down by trade; and
2        (3) the number and percentage of minorities, women, and
3    veterans utilized as apprentices on each public works
4    project.
5    (e) The Department shall adopt any rules deemed necessary
6to implement the Illinois Works Apprenticeship Initiative. In
7order to provide for the expeditious and timely implementation
8of this Act, the Department may adopt emergency rules. The
9adoption of emergency rules authorized by this subsection is
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (f) The Illinois Works Apprenticeship Initiative shall not
13interfere with any contracts or grants program in existence on
14the effective date of this Act.
15    (g) Notwithstanding any provisions to the contrary in this
16Act, any State agency that administers a construction program
17for which federal law or regulations establish standards and
18procedures for the utilization of apprentices may implement the
19Illinois Works Apprenticeship Initiative using the federal
20standards and procedures for the establishment of goals and
21utilization procedures for the State-funded, as well as the
22federally assisted, portions of the program. In such cases,
23these goals shall not exceed those established pursuant to the
24relevant federal statutes or regulations.
25(Source: P.A. 101-31, eff. 6-28-19.)
 

 

 

10100SB0177ham002- 31 -LRB101 06086 TAE 64210 a

1    (30 ILCS 559/20-25)
2    Sec. 20-25. The Illinois Works Review Panel.
3    (a) The Illinois Works Review Panel is created and shall be
4comprised of 17 11 members, each serving 3-year terms. The
5Speaker of the House of Representatives and the President of
6the Senate shall each appoint 3 2 members. The Minority Leader
7of the House of Representatives and the Minority Leader of the
8Senate shall each appoint 3 members one member. The Director of
9Commerce and Economic Opportunity, or his or her designee,
10shall serve as a member. The Governor shall appoint the
11following individuals to serve as members: a representative
12from a contractor organization; a representative from a labor
13organization; and 2 members of the public with workforce
14development expertise, one of whom shall be a representative of
15a nonprofit organization that addresses workforce development.
16    (b) The members of the Illinois Works Review Panel shall
17make recommendations to the Department regarding
18identification and evaluation of community-based
19organizations.
20    (c) The Illinois Works Review Panel shall meet, at least
21quarterly, to review and evaluate (i) the Illinois Works
22Preapprenticeship Program and the Illinois Works
23Apprenticeship Initiative, (ii) ideas to diversify the trainee
24corps in the Illinois Works Preapprenticeship Program and the
25workforce in the construction industry in Illinois, (iii) ideas
26to increase diversity in active apprenticeship program in

 

 

10100SB0177ham002- 32 -LRB101 06086 TAE 64210 a

1Illinois, and (iv) (iii) workforce demographic data collected
2by the Illinois Department of Labor.
3    (d) All State contracts and grant agreements funding State
4contracts shall include a requirement that the contractor and
5subcontractor shall, upon reasonable notice, appear before and
6respond to requests for information from the Illinois Works
7Review Panel.
8    (e) By August 1, 2020, and every August 1 thereafter, the
9Illinois Works Review Panel shall report to the General
10Assembly on its evaluation of the Illinois Works
11Preapprenticeship Program and the Illinois Works
12Apprenticeship Initiative, including any recommended
13modifications.
14(Source: P.A. 101-31, eff. 6-28-19.)
 
15
Article 2

 
16    Section 2-5. The Department of Labor Law of the Civil
17Administrative Code of Illinois is amended by changing Section
181505-215 as follows:
 
19    (20 ILCS 1505/1505-215)
20    (This Section may contain text from a Public Act with a
21delayed effective date)
22    Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
23Board.

 

 

10100SB0177ham002- 33 -LRB101 06086 TAE 64210 a

1    (a) There is created within the Department of Labor a
2Bureau on Apprenticeship Programs. This Bureau shall work to
3increase minority participation in active apprentice programs
4in Illinois that are approved by the United States Department
5of Labor. The Bureau shall identify barriers to minorities
6gaining access to construction careers and make
7recommendations to the Governor and the General Assembly for
8policies to remove those barriers. The Department may hire
9staff to perform outreach in promoting diversity in active
10apprenticeship programs approved by the United States
11Department of Labor. The Bureau shall annually compile racial
12and gender workforce diversity information from contractors
13receiving State or other public funds and by labor unions with
14members working on projects receiving State or other public
15funds.
16    (b) There is created the Advisory Board for Diversity in
17Active Apprenticeship Programs Approved by the United States
18Department of Labor. This Advisory Board shall be composed of
1912 legislators; 3 members appointed by the President of the
20Senate, 3 members appointed by the Speaker of the House of
21Representatives, 3 members appointed by the Minority Leader of
22the Senate, and 3 members appointed by the Minority Leader of
23the House of Representatives. The President of the Senate and
24the Speaker of the House of Representatives shall each appoint
25a co-chairperson. Members of the Advisory Board shall receive
26no compensation for serving as members of the Advisory Board.

 

 

10100SB0177ham002- 34 -LRB101 06086 TAE 64210 a

1The Advisory Board shall meet quarterly. The Advisory Board may
2request necessary additional information from the Department,
3other State agencies, or public institutions of higher
4education for the purposes of performing its duties under this
5Section. The Advisory Board may advise the Department of
6programs to increase diversity in active apprenticeship
7programs. The Department shall provide administrative support
8and staffing for the Advisory Board.
9(Source: P.A. 101-170, eff. 1-1-20.)
 
10    Section 2-10. The Business Enterprise for Minorities,
11Women, and Persons with Disabilities Act is amended by changing
12Sections 2, 4, 5, and 7 as follows:
 
13    (30 ILCS 575/2)
14    (Section scheduled to be repealed on June 30, 2024)
15    Sec. 2. Definitions.
16    (A) For the purpose of this Act, the following terms shall
17have the following definitions:
18        (1) "Minority person" shall mean a person who is a
19    citizen or lawful permanent resident of the United States
20    and who is any of the following:
21            (a) American Indian or Alaska Native (a person
22        having origins in any of the original peoples of North
23        and South America, including Central America, and who
24        maintains tribal affiliation or community attachment).

 

 

10100SB0177ham002- 35 -LRB101 06086 TAE 64210 a

1            (b) Asian (a person having origins in any of the
2        original peoples of the Far East, Southeast Asia, or
3        the Indian subcontinent, including, but not limited
4        to, Cambodia, China, India, Japan, Korea, Malaysia,
5        Pakistan, the Philippine Islands, Thailand, and
6        Vietnam).
7            (c) Black or African American (a person having
8        origins in any of the black racial groups of Africa).
9        Terms such as "Haitian" or "Negro" can be used in
10        addition to "Black or African American".
11            (d) Hispanic or Latino (a person of Cuban, Mexican,
12        Puerto Rican, South or Central American, or other
13        Spanish culture or origin, regardless of race).
14            (e) Native Hawaiian or Other Pacific Islander (a
15        person having origins in any of the original peoples of
16        Hawaii, Guam, Samoa, or other Pacific Islands).
17        (2) "Woman" shall mean a person who is a citizen or
18    lawful permanent resident of the United States and who is
19    of the female gender.
20        (2.05) "Person with a disability" means a person who is
21    a citizen or lawful resident of the United States and is a
22    person qualifying as a person with a disability under
23    subdivision (2.1) of this subsection (A).
24        (2.1) "Person with a disability" means a person with a
25    severe physical or mental disability that:
26            (a) results from:

 

 

10100SB0177ham002- 36 -LRB101 06086 TAE 64210 a

1            amputation,
2            arthritis,
3            autism,
4            blindness,
5            burn injury,
6            cancer,
7            cerebral palsy,
8            Crohn's disease,
9            cystic fibrosis,
10            deafness,
11            head injury,
12            heart disease,
13            hemiplegia,
14            hemophilia,
15            respiratory or pulmonary dysfunction,
16            an intellectual disability,
17            mental illness,
18            multiple sclerosis,
19            muscular dystrophy,
20            musculoskeletal disorders,
21            neurological disorders, including stroke and
22        epilepsy,
23            paraplegia,
24            quadriplegia and other spinal cord conditions,
25            sickle cell anemia,
26            ulcerative colitis,

 

 

10100SB0177ham002- 37 -LRB101 06086 TAE 64210 a

1            specific learning disabilities, or
2            end stage renal failure disease; and
3            (b) substantially limits one or more of the
4        person's major life activities.
5        Another disability or combination of disabilities may
6    also be considered as a severe disability for the purposes
7    of item (a) of this subdivision (2.1) if it is determined
8    by an evaluation of rehabilitation potential to cause a
9    comparable degree of substantial functional limitation
10    similar to the specific list of disabilities listed in item
11    (a) of this subdivision (2.1).
12        (3) "Minority-owned business" means a business which
13    is at least 51% owned by one or more minority persons, or
14    in the case of a corporation, at least 51% of the stock in
15    which is owned by one or more minority persons; and the
16    management and daily business operations of which are
17    controlled by one or more of the minority individuals who
18    own it.
19        (4) "Women-owned business" means a business which is at
20    least 51% owned by one or more women, or, in the case of a
21    corporation, at least 51% of the stock in which is owned by
22    one or more women; and the management and daily business
23    operations of which are controlled by one or more of the
24    women who own it.
25        (4.1) "Business owned by a person with a disability"
26    means a business that is at least 51% owned by one or more

 

 

10100SB0177ham002- 38 -LRB101 06086 TAE 64210 a

1    persons with a disability and the management and daily
2    business operations of which are controlled by one or more
3    of the persons with disabilities who own it. A
4    not-for-profit agency for persons with disabilities that
5    is exempt from taxation under Section 501 of the Internal
6    Revenue Code of 1986 is also considered a "business owned
7    by a person with a disability".
8        (4.2) "Council" means the Business Enterprise Council
9    for Minorities, Women, and Persons with Disabilities
10    created under Section 5 of this Act.
11        (5) "State contracts" means all contracts entered into
12    by the State, any agency or department thereof, or any
13    public institution of higher education, including
14    community college districts, regardless of the source of
15    the funds with which the contracts are paid, which are not
16    subject to federal reimbursement. "State contracts" does
17    not include contracts awarded by a retirement system,
18    pension fund, or investment board subject to Section
19    1-109.1 of the Illinois Pension Code. This definition shall
20    control over any existing definition under this Act or
21    applicable administrative rule.
22        "State construction contracts" means all State
23    contracts entered into by a State agency or public
24    institution of higher education for the repair,
25    remodeling, renovation or construction of a building or
26    structure, or for the construction or maintenance of a

 

 

10100SB0177ham002- 39 -LRB101 06086 TAE 64210 a

1    highway defined in Article 2 of the Illinois Highway Code.
2        (6) "State agencies" shall mean all departments,
3    officers, boards, commissions, institutions and bodies
4    politic and corporate of the State, but does not include
5    the Board of Trustees of the University of Illinois, the
6    Board of Trustees of Southern Illinois University, the
7    Board of Trustees of Chicago State University, the Board of
8    Trustees of Eastern Illinois University, the Board of
9    Trustees of Governors State University, the Board of
10    Trustees of Illinois State University, the Board of
11    Trustees of Northeastern Illinois University, the Board of
12    Trustees of Northern Illinois University, the Board of
13    Trustees of Western Illinois University, municipalities or
14    other local governmental units, or other State
15    constitutional officers.
16        (7) "Public institutions of higher education" means
17    the University of Illinois, Southern Illinois University,
18    Chicago State University, Eastern Illinois University,
19    Governors State University, Illinois State University,
20    Northeastern Illinois University, Northern Illinois
21    University, Western Illinois University, the public
22    community colleges of the State, and any other public
23    universities, colleges, and community colleges now or
24    hereafter established or authorized by the General
25    Assembly.
26        (8) "Certification" means a determination made by the

 

 

10100SB0177ham002- 40 -LRB101 06086 TAE 64210 a

1    Council or by one delegated authority from the Council to
2    make certifications, or by a State agency with statutory
3    authority to make such a certification, that a business
4    entity is a business owned by a minority, woman, or person
5    with a disability for whatever purpose. A business owned
6    and controlled by women shall be certified as a
7    "woman-owned business". A business owned and controlled by
8    women who are also minorities shall be certified as both a
9    "women-owned business" and a "minority-owned business".
10        (9) "Control" means the exclusive or ultimate and sole
11    control of the business including, but not limited to,
12    capital investment and all other financial matters,
13    property, acquisitions, contract negotiations, legal
14    matters, officer-director-employee selection and
15    comprehensive hiring, operating responsibilities,
16    cost-control matters, income and dividend matters,
17    financial transactions and rights of other shareholders or
18    joint partners. Control shall be real, substantial and
19    continuing, not pro forma. Control shall include the power
20    to direct or cause the direction of the management and
21    policies of the business and to make the day-to-day as well
22    as major decisions in matters of policy, management and
23    operations. Control shall be exemplified by possessing the
24    requisite knowledge and expertise to run the particular
25    business and control shall not include simple majority or
26    absentee ownership.

 

 

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1        (10) "Business" means a business that has annual gross
2    sales of less than $75,000,000 as evidenced by the federal
3    income tax return of the business. A firm with gross sales
4    in excess of this cap may apply to the Council for
5    certification for a particular contract if the firm can
6    demonstrate that the contract would have significant
7    impact on businesses owned by minorities, women, or persons
8    with disabilities as suppliers or subcontractors or in
9    employment of minorities, women, or persons with
10    disabilities.
11        (11) "Utilization plan" means a form and additional
12    documentations included in all bids or proposals that
13    demonstrates a vendor's proposed utilization of vendors
14    certified by the Business Enterprise Program to meet the
15    targeted goal. The utilization plan shall demonstrate that
16    the Vendor has either: (1) met the entire contract goal or
17    (2) requested a full or partial waiver and made good faith
18    efforts towards meeting the goal.
19        (12) "Business Enterprise Program" means the Business
20    Enterprise Program of the Department of Central Management
21    Services.
22    (B) When a business is owned at least 51% by any
23combination of minority persons, women, or persons with
24disabilities, even though none of the 3 classes alone holds at
25least a 51% interest, the ownership requirement for purposes of
26this Act is considered to be met. The certification category

 

 

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1for the business is that of the class holding the largest
2ownership interest in the business. If 2 or more classes have
3equal ownership interests, the certification category shall be
4determined by the business.
5(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
699-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
 
7    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
8    (Text of Section before amendment by P.A. 101-170)
9    (Section scheduled to be repealed on June 30, 2024)
10    Sec. 4. Award of State contracts.
11    (a) Except as provided in subsection subsections (b) and
12(c), not less than 20% of the total dollar amount of State
13contracts, as defined by the Secretary of the Council and
14approved by the Council, shall be established as an
15aspirational goal to be awarded to businesses owned by
16minorities, women, and persons with disabilities; provided,
17however, that of the total amount of all State contracts
18awarded to businesses owned by minorities, women, and persons
19with disabilities pursuant to this Section, contracts
20representing at least 11% shall be awarded to businesses owned
21by minorities, contracts representing at least 7% shall be
22awarded to women-owned businesses, and contracts representing
23at least 2% shall be awarded to businesses owned by persons
24with disabilities.
25    The above percentage relates to the total dollar amount of

 

 

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1State contracts during each State fiscal year, calculated by
2examining independently each type of contract for each agency
3or public institutions of higher education which lets such
4contracts. Only that percentage of arrangements which
5represents the participation of businesses owned by
6minorities, women, and persons with disabilities on such
7contracts shall be included. State contracts subject to the
8requirements of this Act shall include the requirement that
9only expenditures to businesses owned by minorities, women, and
10persons with disabilities that perform a commercially useful
11function may be counted toward the goals set forth by this Act.
12Contracts shall include a definition of "commercially useful
13function" that is consistent with 49 CFR 26.55(c).
14    (b) In the case of State construction contracts, the
15provisions of subsection (a) requiring a portion of State
16contracts to be awarded to businesses owned and controlled by
17persons with disabilities do not apply. The following
18aspirational goals are established for State construction
19contracts: not less than 20% of the total dollar amount of
20State construction contracts is established as a goal to be
21awarded to minority-owned and women-owned businesses.
22    (c) In the case of all work undertaken by the University of
23Illinois related to the planning, organization, and staging of
24the games, the University of Illinois shall establish a goal of
25awarding not less than 25% of the annual dollar value of all
26contracts, purchase orders, and other agreements (collectively

 

 

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1referred to as "the contracts") to minority-owned businesses or
2businesses owned by a person with a disability and 5% of the
3annual dollar value the contracts to women-owned businesses.
4For purposes of this subsection, the term "games" has the
5meaning set forth in the Olympic Games and Paralympic Games
6(2016) Law.
7    (d) Within one year after April 28, 2009 (the effective
8date of Public Act 96-8), the Department of Central Management
9Services shall conduct a social scientific study that measures
10the impact of discrimination on minority and women business
11development in Illinois. Within 18 months after April 28, 2009
12(the effective date of Public Act 96-8), the Department shall
13issue a report of its findings and any recommendations on
14whether to adjust the goals for minority and women
15participation established in this Act. Copies of this report
16and the social scientific study shall be filed with the
17Governor and the General Assembly. By December 1, 2022, the
18Department of Central Management Services Business Enterprise
19Program shall develop a model for social scientific disparity
20study sourcing for local governmental units to adapt and
21implement to address regional disparities in public
22procurement.
23    (e) Except as permitted under this Act or as otherwise
24mandated by federal law or regulation, those who submit bids or
25proposals for State contracts subject to the provisions of this
26Act, whose bids or proposals are successful and include a

 

 

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1utilization plan but that fail to meet the goals set forth in
2subsection (b) of this Section, shall be notified of that
3deficiency and shall be afforded a period not to exceed 10
4calendar days from the date of notification to cure that
5deficiency in the bid or proposal. The deficiency in the bid or
6proposal may only be cured by contracting with additional
7subcontractors who are owned by minorities or women, but in no
8case shall an identified subcontractor with a certification
9made pursuant to this Act be terminated from the contract
10without the written consent of the State agency or public
11institution of higher education entering into the contract.
12    (f) Non-construction solicitations that include Business
13Enterprise Program participation goals shall require bidders
14and offerors to include utilization plans. Utilization plans
15are due at the time of bid or offer submission. Failure to
16complete and include a utilization plan, including
17documentation demonstrating good faith effort when requesting
18a waiver, shall render the bid or offer non-responsive.
19(Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16;
20100-391, eff. 8-25-17.)
 
21    (Text of Section after amendment by P.A. 101-170)
22    (Section scheduled to be repealed on June 30, 2024)
23    Sec. 4. Award of State contracts.
24    (a) Except as provided in subsection subsections (b) and
25(c), not less than 20% of the total dollar amount of State

 

 

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1contracts, as defined by the Secretary of the Council and
2approved by the Council, shall be established as an
3aspirational goal to be awarded to businesses owned by
4minorities, women, and persons with disabilities; provided,
5however, that of the total amount of all State contracts
6awarded to businesses owned by minorities, women, and persons
7with disabilities pursuant to this Section, contracts
8representing at least 11% shall be awarded to businesses owned
9by minorities, contracts representing at least 7% shall be
10awarded to women-owned businesses, and contracts representing
11at least 2% shall be awarded to businesses owned by persons
12with disabilities.
13    The above percentage relates to the total dollar amount of
14State contracts during each State fiscal year, calculated by
15examining independently each type of contract for each agency
16or public institutions of higher education which lets such
17contracts. Only that percentage of arrangements which
18represents the participation of businesses owned by
19minorities, women, and persons with disabilities on such
20contracts shall be included. State contracts subject to the
21requirements of this Act shall include the requirement that
22only expenditures to businesses owned by minorities, women, and
23persons with disabilities that perform a commercially useful
24function may be counted toward the goals set forth by this Act.
25Contracts shall include a definition of "commercially useful
26function" that is consistent with 49 CFR 26.55(c).

 

 

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1    (b) Not less than 20% of the total dollar amount of State
2construction contracts is established as an aspirational goal
3to be awarded to businesses owned by minorities, women, and
4persons with disabilities; provided that, contracts
5representing at least 11% of the total dollar amount of State
6construction contracts shall be awarded to businesses owned by
7minorities; contracts representing at least 7% of the total
8dollar amount of State construction contracts shall be awarded
9to women-owned businesses; and contracts representing at least
102% of the total dollar amount of State construction contracts
11shall be awarded to businesses owned by persons with
12disabilities.
13    (c) (Blank).
14    (d) Within one year after April 28, 2009 (the effective
15date of Public Act 96-8), the Department of Central Management
16Services shall conduct a social scientific study that measures
17the impact of discrimination on minority and women business
18development in Illinois. Within 18 months after April 28, 2009
19(the effective date of Public Act 96-8), the Department shall
20issue a report of its findings and any recommendations on
21whether to adjust the goals for minority and women
22participation established in this Act. Copies of this report
23and the social scientific study shall be filed with the
24Governor and the General Assembly.
25    By December 1, 2020, the Department of Central Management
26Services shall conduct a new social scientific study that

 

 

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1measures the impact of discrimination on minority and women
2business development in Illinois. By June 1, 2022, the
3Department shall issue a report of its findings and any
4recommendations on whether to adjust the goals for minority and
5women participation established in this Act. Copies of this
6report and the social scientific study shall be filed with the
7Governor, the Advisory Board, and the General Assembly. By
8December 1, 2022, the Department of Central Management Services
9Business Enterprise Program shall develop a model for social
10scientific disparity study sourcing for local governmental
11units to adapt and implement to address regional disparities in
12public procurement.
13    (e) Except as permitted under this Act or as otherwise
14mandated by federal law or regulation, those who submit bids or
15proposals for State contracts subject to the provisions of this
16Act, whose bids or proposals are successful and include a
17utilization plan but that fail to meet the goals set forth in
18subsection (b) of this Section, shall be notified of that
19deficiency and shall be afforded a period not to exceed 10
20calendar days from the date of notification to cure that
21deficiency in the bid or proposal. The deficiency in the bid or
22proposal may only be cured by contracting with additional
23subcontractors who are owned by minorities or women. Any
24increase in cost to a contract for the addition of a
25subcontractor to cure a bid's deficiency shall not affect the
26bid price, shall not be used in the request for an exemption in

 

 

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1this Act, and in no case shall an identified subcontractor with
2a certification made pursuant to this Act be terminated from
3the contract without the written consent of the State agency or
4public institution of higher education entering into the
5contract.
6    (f) Non-construction solicitations that include Business
7Enterprise Program participation goals shall require bidders
8and offerors to include utilization plans. Utilization plans
9are due at the time of bid or offer submission. Failure to
10complete and include a utilization plan, including
11documentation demonstrating good faith effort when requesting
12a waiver, shall render the bid or offer non-responsive.
13(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
14    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 5. Business Enterprise Council.
17    (1) To help implement, monitor and enforce the goals of
18this Act, there is created the Business Enterprise Council for
19Minorities, Women, and Persons with Disabilities, hereinafter
20referred to as the Council, composed of the Secretary of Human
21Services and the Directors of the Department of Human Rights,
22the Department of Commerce and Economic Opportunity, the
23Department of Central Management Services, the Department of
24Transportation and the Capital Development Board, or their duly
25appointed representatives, with the Comptroller, or his or her

 

 

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1designee, serving as an advisory member of the Council. Ten
2individuals representing businesses that are minority-owned or
3women-owned or owned by persons with disabilities, 2
4individuals representing the business community, and a
5representative of public institutions of higher education
6shall be appointed by the Governor. These members shall serve 2
7year terms and shall be eligible for reappointment. Any vacancy
8occurring on the Council shall also be filled by the Governor.
9Any member appointed to fill a vacancy occurring prior to the
10expiration of the term for which his predecessor was appointed
11shall be appointed for the remainder of such term. Members of
12the Council shall serve without compensation but shall be
13reimbursed for any ordinary and necessary expenses incurred in
14the performance of their duties.
15    The Director of the Department of Central Management
16Services shall serve as the Council chairperson and shall
17select, subject to approval of the council, a Secretary
18responsible for the operation of the program who shall serve as
19the Division Manager of the Business Enterprise for Minorities,
20Women, and Persons with Disabilities Division of the Department
21of Central Management Services.
22    The Director of each State agency and the chief executive
23officer of each public institutions of higher education shall
24appoint a liaison to the Council. The liaison shall be
25responsible for submitting to the Council any reports and
26documents necessary under this Act.

 

 

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1    (2) The Council's authority and responsibility shall be to:
2        (a) Devise a certification procedure to assure that
3    businesses taking advantage of this Act are legitimately
4    classified as businesses owned by minorities, women, or
5    persons with disabilities and a registration procedure to
6    recognize, without additional evidence of Business
7    Enterprise Program eligibility, the certification of
8    businesses owned by minorities, women, or persons with
9    disabilities certified by the City of Chicago, Cook County,
10    or other jurisdictional programs with requirements and
11    procedures equaling or exceeding those in this Act.
12        (b) Maintain a list of all businesses legitimately
13    classified as businesses owned by minorities, women, or
14    persons with disabilities to provide to State agencies and
15    public institutions of higher education.
16        (c) Review rules and regulations for the
17    implementation of the program for businesses owned by
18    minorities, women, and persons with disabilities.
19        (d) Review compliance plans submitted by each State
20    agency and public institutions of higher education
21    pursuant to this Act.
22        (e) Make annual reports as provided in Section 8f to
23    the Governor and the General Assembly on the status of the
24    program.
25        (f) Serve as a central clearinghouse for information on
26    State contracts, including the maintenance of a list of all

 

 

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1    pending State contracts upon which businesses owned by
2    minorities, women, and persons with disabilities may bid.
3    At the Council's discretion, maintenance of the list may
4    include 24-hour electronic access to the list along with
5    the bid and application information.
6        (g) Establish a toll free telephone number to
7    facilitate information requests concerning the
8    certification process and pending contracts.
9    (3) No premium bond rate of a surety company for a bond
10required of a business owned by a minority, woman, or person
11with a disability bidding for a State contract shall be higher
12than the lowest rate charged by that surety company for a
13similar bond in the same classification of work that would be
14written for a business not owned by a minority, woman, or
15person with a disability.
16    (4) Any Council member who has direct financial or personal
17interest in any measure pending before the Council shall
18disclose this fact to the Council and refrain from
19participating in the determination upon such measure.
20    (5) The Secretary shall have the following duties and
21responsibilities:
22        (a) To be responsible for the day-to-day operation of
23    the Council.
24        (b) To serve as a coordinator for all of the State's
25    programs for businesses owned by minorities, women, and
26    persons with disabilities and as the information and

 

 

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1    referral center for all State initiatives for businesses
2    owned by minorities, women, and persons with disabilities.
3        (c) To establish an enforcement procedure whereby the
4    Council may recommend to the appropriate State legal
5    officer that the State exercise its legal remedies which
6    shall include (1) termination of the contract involved, (2)
7    prohibition of participation by the respondent in public
8    contracts for a period not to exceed 3 years, (3)
9    imposition of a penalty not to exceed any profit acquired
10    as a result of violation, or (4) any combination thereof.
11    Such procedures shall require prior approval by Council.
12    All funds collected as penalties under this subsection
13    shall be used exclusively for maintenance and further
14    development of the Business Enterprise Program and
15    encouragement of participation in State procurement by
16    minorities, women, and persons with disabilities.
17        (d) To devise appropriate policies, regulations and
18    procedures for including participation by businesses owned
19    by minorities, women, and persons with disabilities as
20    prime contractors including, but not limited to, (i)
21    encouraging the inclusions of qualified businesses owned
22    by minorities, women, and persons with disabilities on
23    solicitation lists, (ii) investigating the potential of
24    blanket bonding programs for small construction jobs,
25    (iii) investigating and making recommendations concerning
26    the use of the sheltered market process.

 

 

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1        (e) To devise procedures for the waiver of the
2    participation goals in appropriate circumstances.
3        (f) To accept donations and, with the approval of the
4    Council or the Director of Central Management Services,
5    grants related to the purposes of this Act; to conduct
6    seminars related to the purpose of this Act and to charge
7    reasonable registration fees; and to sell directories,
8    vendor lists and other such information to interested
9    parties, except that forms necessary to become eligible for
10    the program shall be provided free of charge to a business
11    or individual applying for the program.
12(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17;
13100-801, eff. 8-10-18.)
 
14    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 7. Exemptions; waivers; publication of data.
17    (1) Individual contract exemptions. The Council, at the
18written request of the affected agency, public institution of
19higher education, or recipient of a grant or loan of State
20funds of $250,000 or more complying with Section 45 of the
21State Finance Act, may permit an individual contract or
22contract package, (related contracts being bid or awarded
23simultaneously for the same project or improvements) be made
24wholly or partially exempt from State contracting goals for
25businesses owned by minorities, women, and persons with

 

 

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1disabilities prior to the advertisement for bids or
2solicitation of proposals whenever there has been a
3determination, reduced to writing and based on the best
4information available at the time of the determination, that
5there is an insufficient number of businesses owned by
6minorities, women, and persons with disabilities to ensure
7adequate competition and an expectation of reasonable prices on
8bids or proposals solicited for the individual contract or
9contract package in question. The Council may charge a
10reasonable fee for written request of individual contract
11exemptions. Any such exemptions shall be given by the Council
12to the Bureau on Apprenticeship Programs.
13        (a) Written request for contract exemption. A written
14    request for an individual contract exemption exception
15    must include, but is not limited to, the following:
16            (i) a list of eligible qualified businesses owned
17        by minorities, women, and persons with disabilities
18        that would qualify for the purpose of the contract;
19            (ii) a clear demonstration each business's
20        deficiency that the number of eligible businesses
21        identified in subparagraph (i) above is insufficient
22        to ensure would impair adequate competition or
23        qualification;
24            (iii) the difference in cost between the contract
25        proposals being offered by businesses owned by
26        minorities, women, and persons with disabilities and

 

 

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1        the agency or the public institution of higher
2        education's expectations of reasonable prices on bids
3        or proposals within that class; and
4            (iv) a list of eligible qualified businesses owned
5        by minorities, women, and persons with disabilities
6        that the contractor has used in the current and prior
7        most recent fiscal years year.
8        (b) Determination. The Council's determination
9    concerning an individual contract exemption must consider,
10    at a minimum, include the following:
11            (i) the justification for the requested exemption,
12        including whether diligent efforts were undertaken to
13        identify and solicit eligible businesses owned by
14        minorities, women, and persons with disabilities each
15        business's disqualification;
16            (ii) the total number of exemptions granted to
17        waivers of the affected agency, public institution of
18        higher education, or recipient of a grant or loan of
19        State funds of $250,000 or more complying with Section
20        45 of the State Finance Act that have been granted by
21        the Council in the current and prior for that fiscal
22        years year; and
23            (iii) the percentage of affected agency or public
24        institution of higher education's most current
25        percentages in contracts awarded by the agency or
26        public institution of higher education to eligible

 

 

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1        businesses owned by minorities, women, and persons
2        with disabilities in the current and prior for that
3        fiscal years year.
4    (2) Class exemptions.
5        (a) Creation. The Council, at the written request of
6    the affected agency or public institution of higher
7    education, may permit an entire class of contracts be made
8    exempt from State contracting goals for businesses owned by
9    minorities, women, and persons with disabilities whenever
10    there has been a determination, reduced to writing and
11    based on the best information available at the time of the
12    determination, that there is an insufficient number of
13    qualified businesses owned by minorities, women, and
14    persons with disabilities to ensure adequate competition
15    and an expectation of reasonable prices on bids or
16    proposals within that class. Any such exemption shall be
17    given by the Council to the Bureau on Apprenticeship
18    Programs.
19        (a-1) Written request for class exemption. A written
20    request for a class exemption exception must include, but
21    is not limited to, the following:
22            (i) a list of eligible qualified businesses owned
23        by minorities, women, and persons with disabilities
24        that pertain to the class of contracts in the requested
25        waiver;
26            (ii) a clear demonstration each business's

 

 

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1        deficiency that the number of eligible businesses
2        identified in subparagraph (i) above is insufficient
3        to ensure would impair adequate competition or
4        qualification;
5            (iii) the difference in cost between the contract
6        proposals being offered by eligible businesses owned
7        by minorities, women, and persons with disabilities
8        and the agency or the public institution of higher
9        education's expectations of reasonable prices on bids
10        or proposals within that class; and
11            (iv) the number of class exemptions the affected
12        agency or public institution of higher education has
13        requested in the current and prior for that fiscal
14        years year.
15        (a-2) Determination. The Council's determination
16    concerning class exemptions must consider, at a minimum,
17    include the following:
18            (i) the justification for the requested exemption,
19        including whether diligent efforts were undertaken to
20        identify and solicit eligible businesses owned by
21        minorities, women, and persons with disabilities each
22        business's disqualification;
23            (ii) the total number of class exemptions granted
24        to waivers of the requesting agency or public
25        institution of higher education that have been granted
26        by the Council in the current and prior for that fiscal

 

 

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1        years year; and
2            (iii) the percentage of agency or public
3        institution of higher education's most current
4        percentages in contracts awarded by the agency or
5        public institution of higher education to eligible
6        businesses owned by minorities, women, and persons
7        with disabilities the current and prior for that fiscal
8        years year.
9        (b) Limitation. Any such class exemption shall not be
10    permitted for a period of more than one year at a time.
11    (3) Waivers. Where a particular contract requires a
12contractor to meet a goal established pursuant to this Act, the
13contractor shall have the right to request a waiver from such
14requirements. The Council shall grant the waiver where the
15contractor demonstrates that there has been made a good faith
16effort to comply with the goals for participation by businesses
17owned by minorities, women, and persons with disabilities. Any
18such waiver shall also be transmitted in writing to the Bureau
19on Apprenticeship Programs.
20        (a) Request for waiver. A contractor's request for a
21    waiver under this subsection (3) must include, but is not
22    limited to, the following, if available:
23            (i) a list of eligible qualified businesses owned
24        by minorities, women, and persons with disabilities
25        that pertain to the class of contracts in the requested
26        waiver;

 

 

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1            (ii) a clear demonstration each business's
2        deficiency that the number of eligible businesses
3        identified in subparagraph (i) above is insufficient
4        to ensure would impair adequate competition or
5        qualification;
6            (iii) the difference in cost between the contract
7        proposals being offered by businesses owned by
8        minorities, women, and persons with disabilities and
9        the agency or the public institution of higher
10        education's expectations of reasonable prices on bids
11        or proposals within that class; and .
12            (iv) a list of businesses owned by minorities,
13        women, and persons with disabilities that the
14        contractor has used in the current and prior fiscal
15        years.
16        (b) Determination. The Council's determination
17    concerning waivers must include following:
18            (i) the justification for the requested waiver,
19        including whether the requesting contractor made a
20        good faith effort to identify and solicit eligible
21        business owned by minorities, women, and persons with
22        disabilities each business's disqualification;
23            (ii) the total number of waivers the contractor has
24        been granted by the Council in the current and prior
25        for that fiscal years year;
26            (iii) the percentage of affected agency or public

 

 

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1        institution of higher education's most current
2        percentages in contracts awarded by the agency or
3        public institution of higher education to eligible
4        businesses owned by minorities, women, and persons
5        with disabilities in the current and prior for that
6        fiscal years year; and
7            (iv) the contractor's use of a list of qualified
8        businesses owned by minorities, women, and persons
9        with disabilities that the contractor has used in the
10        current and prior most recent fiscal years year.
11    (3.5) (Blank). Fees. The Council may charge a fee for a
12written request on individual contract exemptions. The Council
13shall not charge for a first request. For a second request, the
14Council shall charge no more than $1,000. For a fifth request
15or higher from a contractor, the Council shall charge no more
16than $5,000 per request. The Department shall collect the fees
17under this Section. Any fee collected under this Section shall
18be used by the Bureau on Apprenticeship Programs to increase
19minority participation in apprenticeship programs in the
20State.
21    (4) Conflict with other laws. In the event that any State
22contract, which otherwise would be subject to the provisions of
23this Act, is or becomes subject to federal laws or regulations
24which conflict with the provisions of this Act or actions of
25the State taken pursuant hereto, the provisions of the federal
26laws or regulations shall apply and the contract shall be

 

 

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1interpreted and enforced accordingly.
2    (5) Each chief procurement officer, as defined in the
3Illinois Procurement Code, shall maintain on his or her
4official Internet website a database of the following: (i)
5waivers granted under this Section with respect to contracts
6under his or her jurisdiction; (ii) a State agency or public
7institution of higher education's written request for an
8exemption of an individual contract or an entire class of
9contracts; and (iii) the Council's written determination
10granting or denying a request for an exemption of an individual
11contract or an entire class of contracts. The database, which
12shall be updated periodically as necessary, shall be searchable
13by contractor name and by contracting State agency.
14    (6) Each chief procurement officer, as defined by the
15Illinois Procurement Code, shall maintain on its website a list
16of all firms that have been prohibited from bidding, offering,
17or entering into a contract with the State of Illinois as a
18result of violations of this Act.
19    Each public notice required by law of the award of a State
20contract shall include for each bid or offer submitted for that
21contract the following: (i) the bidder's or offeror's name,
22(ii) the bid amount, (iii) the name or names of the certified
23firms identified in the bidder's or offeror's submitted
24utilization plan, and (iv) the bid's amount and percentage of
25the contract awarded to businesses owned by minorities, women,
26and persons with disabilities identified in the utilization

 

 

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1plan.
2(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
3revised 9-20-19.)
 
4    Section 2-15. The Criminal Code of 2012 is amended by
5changing Section 17-10.3 as follows:
 
6    (720 ILCS 5/17-10.3)
7    (Text of Section before amendment by P.A. 101-170)
8    Sec. 17-10.3. Deception relating to certification of
9disadvantaged business enterprises.
10    (a) Fraudulently obtaining or retaining certification. A
11person who, in the course of business, fraudulently obtains or
12retains certification as a minority-owned business,
13women-owned business, service-disabled veteran-owned small
14business, or veteran-owned small business commits a Class 2
15felony.
16    (b) Willfully making a false statement. A person who, in
17the course of business, willfully makes a false statement
18whether by affidavit, report or other representation, to an
19official or employee of a State agency or the Business
20Enterprise Council for Minorities, Women, and Persons with
21Disabilities for the purpose of influencing the certification
22or denial of certification of any business entity as a
23minority-owned business, women-owned business,
24service-disabled veteran-owned small business, or

 

 

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1veteran-owned small business commits a Class 2 felony.
2    (c) Willfully obstructing or impeding an official or
3employee of any agency in his or her investigation. Any person
4who, in the course of business, willfully obstructs or impedes
5an official or employee of any State agency or the Business
6Enterprise Council for Minorities, Women, and Persons with
7Disabilities who is investigating the qualifications of a
8business entity which has requested certification as a
9minority-owned business, women-owned business,
10service-disabled veteran-owned small business, or
11veteran-owned small business commits a Class 2 felony.
12    (d) Fraudulently obtaining public moneys reserved for
13disadvantaged business enterprises. Any person who, in the
14course of business, fraudulently obtains public moneys
15reserved for, or allocated or available to, minority-owned
16businesses, women-owned businesses, service-disabled
17veteran-owned small businesses, or veteran-owned small
18businesses commits a Class 2 felony.
19    (e) Definitions. As used in this Article, "minority-owned
20business", "women-owned business", "State agency" with respect
21to minority-owned businesses and women-owned businesses, and
22"certification" with respect to minority-owned businesses and
23women-owned businesses shall have the meanings ascribed to them
24in Section 2 of the Business Enterprise for Minorities, Women,
25and Persons with Disabilities Act. As used in this Article,
26"service-disabled veteran-owned small business",

 

 

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1"veteran-owned small business", "State agency" with respect to
2service-disabled veteran-owned small businesses and
3veteran-owned small businesses, and "certification" with
4respect to service-disabled veteran-owned small businesses and
5veteran-owned small businesses have the same meanings as in
6Section 45-57 of the Illinois Procurement Code.
7(Source: P.A. 100-391, eff. 8-25-17.)
 
8    (Text of Section after amendment by P.A. 101-170)
9    Sec. 17-10.3. Deception relating to certification of
10disadvantaged business enterprises.
11    (a) Fraudulently obtaining or retaining certification. A
12person who, in the course of business, fraudulently obtains or
13retains certification as a minority-owned business,
14women-owned business, service-disabled veteran-owned small
15business, or veteran-owned small business commits a Class 2 1
16felony.
17    (b) Willfully making a false statement. A person who, in
18the course of business, willfully makes a false statement
19whether by affidavit, report or other representation, to an
20official or employee of a State agency or the Business
21Enterprise Council for Minorities, Women, and Persons with
22Disabilities for the purpose of influencing the certification
23or denial of certification of any business entity as a
24minority-owned business, women-owned business,
25service-disabled veteran-owned small business, or

 

 

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1veteran-owned small business commits a Class 2 1 felony.
2    (c) Willfully obstructing or impeding an official or
3employee of any agency in his or her investigation. Any person
4who, in the course of business, willfully obstructs or impedes
5an official or employee of any State agency or the Business
6Enterprise Council for Minorities, Women, and Persons with
7Disabilities who is investigating the qualifications of a
8business entity which has requested certification as a
9minority-owned business, women-owned business,
10service-disabled veteran-owned small business, or
11veteran-owned small business commits a Class 2 1 felony.
12    (d) Fraudulently obtaining public moneys reserved for
13disadvantaged business enterprises. Any person who, in the
14course of business, fraudulently obtains public moneys
15reserved for, or allocated or available to, minority-owned
16businesses, women-owned businesses, service-disabled
17veteran-owned small businesses, or veteran-owned small
18businesses commits a Class 2 1 felony.
19    (e) Definitions. As used in this Article, "minority-owned
20business", "women-owned business", "State agency" with respect
21to minority-owned businesses and women-owned businesses, and
22"certification" with respect to minority-owned businesses and
23women-owned businesses shall have the meanings ascribed to them
24in Section 2 of the Business Enterprise for Minorities, Women,
25and Persons with Disabilities Act. As used in this Article,
26"service-disabled veteran-owned small business",

 

 

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1"veteran-owned small business", "State agency" with respect to
2service-disabled veteran-owned small businesses and
3veteran-owned small businesses, and "certification" with
4respect to service-disabled veteran-owned small businesses and
5veteran-owned small businesses have the same meanings as in
6Section 45-57 of the Illinois Procurement Code.
7(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20.)
 
8
Article 99

 
9    Section 99-95. No acceleration or delay. Where this Act
10makes changes in a statute that is represented in this Act by
11text that is not yet or no longer in effect (for example, a
12Section represented by multiple versions), the use of that text
13does not accelerate or delay the taking effect of (i) the
14changes made by this Act or (ii) provisions derived from any
15other Public Act.
 
16    Section 99-99. Effective date. This Act takes effect upon
17becoming law, except that Article 2 takes effect January 1,
182020.".